Grievance Procedure & Deadlines — Kaiser Permanente — Northern California RNs & NPs

the purpose of removing that Nurse from the bargaining unit, or eliminate or remove from bargaining unit nurses the direct care responsibilities of Registered Nurses and Nurse Practitioners described in the preceding paragraph. Finally, the Employer also agrees that during the term of this Agreement it will not challenge the Union’s right to represent any Nurse in any job classification covered by this Agreement based on a claim that such Nurse is a supervisor within the meaning of the NLRA. Disputes concerning this provision may be referred directly to an expedited arbitration. The sole issue in any such arbitration shall be whether the Employer violated the commitments set forth in paragraph 103 of the Agreement. If the Employer is found to have violated paragraph 103, the sole remedies shall be restoration of the status quo ante, and a make- whole remedy for the affected bargaining u …

A grievance appealed to the second step of the grievance procedure shall be discussed by the employee and Nurse Representative or Association Representative and the Human Resources Consultant or designee within fourteen (14) days of a written request for a second step hearing, unless extended by mutual agreement. The Employer response will be in writing within seven (7) calendar days following the Step Two meeting. Step Three

Payroll is not able to verify an error within the designated time period, the Nurse(s) who reported the error shall be informed within the designated time period of the reasons for the delay in resolving the error. Employee vacation, sick, and education leave accrual hours and balance will be displayed on Employee payslips. ARTICLE VIII – SENIORITY Section A – Seniority, Accumulation and Application Regular Nurses and Short-Hour, Temporary and Per diem Nurses shall have equal seniority for transfers, promotions, and layoffs based upon their bargaining unit seniority. Regular Nurses shall accumulate seniority based upon length of continuous service with the Employer under this Agreement. Effective September 1, 2002, Short-Hour, Temporary and Per diem Nurses shall accumulate seniority on the basis of eighty-seven (87) hours of work equaling one (1) month's seniority credit, for hours worke …

The Association, as the exclusive bargaining representative of employees in the bargaining unit, has the sole and exclusive right to file, pursue, withdraw or resolve grievances at any step of the procedure. The parties agree that the grievance/arbitration procedure is the sole and exclusive remedy for any and all disputes or rights arising from or relating to this Agreement. Nothing in this provision shall be construed to abridge or expand the ability of the Association or individual Nurses to pursue claims arising from rights established through statutes or regulations in appropriate legal or administrative forums. Step One

Starts fringe benefit accumulation at prorated basis as of date of change in status. However, if the Nurse previously had been a Regular full-time or Regular part-time Nurse with no break in service, the Nurse retains for fringe benefit accumulations the same date the Nurse had when a Regular full- time or Regular part-time Nurse, adjusted forward for the length of time in Short-Hour, Temporary and Per diem status. The Nurse also in such cases retains any unused sick leave and Education Leave accumulated while in Regular full-time or Regular part-time status. ARTICLE VII – HOURS OF WORK Section A – Payroll Week, Work Week and Payroll Day Payroll Week “Payroll week” as used in this Article shall mean and consist of the seven (7) day period beginning at 12:01 a.m. Sunday, or at the shift change hour nearest that time. Work Week The “work week” means the “payroll week” for all purposes, inc …

In the case of discharge or suspension, a grievance must be presented in writing in Step Two within seven (7) calendar days of such discharge or suspension. Upon completion of the Step Three meeting, the Parties will determine if any or several of the following accelerated procedures can be agreed upon under the circumstances of the particular case: Agreement to stipulate the facts in advance of the arbitration hearing. Agreement to waive transcript and/or written brief unless the arbitrator requires the same. Agreement to obtain an expedited transcript and/or submission of a summary statement before receipt of a transcript unless the arbitrator requires otherwise.

In the event the grievance concerns the discharge or suspension of the Nurse, the grievance must be presented in the first step or the second step within seven (7) calendar days following the discharge or suspension. The immediate supervisor, Director of Nursing, or Human Resources Consultant must give the aggrieved Nurse and/or Association representative, as the case may be, an answer within seven (7) calendar days after such discussion. If such answer is not satisfactory, the Association may appeal the grievance to Step Two or Step Three in writing within seven (7) calendar days from such answer. Step Two

Section J – Association Visiting Rights Duly authorized representatives of the Association shall be permitted at all reasonable times to enter the facilities operated by the Employer for the purposes of transacting Association business and observing conditions under which Nurses are employed; provided, however, that the Association's representatives shall upon arrival at the facility notify the Administrator or her/his designee of the intent to transact Association business. The Association representative shall advise the Administrator as to which department or areas s/he wishes to visit, and confine her/his visits to such departments or areas as agreed upon. Transaction of any business shall be conducted in an appropriate location subject to general Hospital and Clinic rules applicable to non-employees and shall not interfere with the work of employees. Section K – No Conflicting Agreem …